Principle

CIVIL PROCEDURE — Fundamental Rights Enforcement — Effect of Leave to Apply — Leave Does Not Conclusively Determine Justiciability

Area of law
CIVIL PROCEDURE
Court
Supreme Court

The grant of leave to apply for fundamental rights enforcement does not conclusively determine that the action is justiciable under the rules. The court retains the power to examine whether the application is properly brought. Leave is merely a procedural filter; it does not confer…

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